Enforcement

November 15, 2018 — When James A. Santapaola Jr. got nabbed landing 183 illegal lobsters at a local lobster wholesaler two years ago, the Gloucester lobsterman eventually cut a deal with prosecutors to plead guilty to 20 of the counts and pay two fines totaling $10,050.

Later, the state Division of Marine Fisheries suspended his state lobstering license for three months.

Now, nearly two years after the plea deal, Santapaola Jr. — who was arrested again last week on charges of possessing 47 illegal lobsters — has paid only $720 of the $10,050 in fines, according to the clerk’s office at the Gloucester District Court.

Melissa Teixeira Prince, chief court clerk, on Wednesday said Santapaola Jr. is scheduled for a status review with court officials on Monday, Nov. 19, to discuss the outstanding balance on the fines from the previous offenses.

Last Friday afternoon, the Massachusetts Environmental Police, operating with Gloucester police and officers from NOAA Law Enforcement, arrested the 42-year-old Santapaola Jr. for possessing five crates and one tote of illegal live lobsters which law enforcement officers estimated collectively to weigh between 500 and 600 pounds.

The U.S. Fish and Wildlife Service said they are all Indonesian nationals and worked on the Kyoshin Maru, a longline fishing vessel from southern Japan.

“They have no clue what they were doing here. All they could tell me was ‘ikan,’ which means fish in Indonesian,” said Gary Singh, an attorney for one of the fishermen.

This comes eight years after Hawaii became the first state to ban possession of shark fins. The following year, the federal government strengthened its existing ban and the trade largely went underground near Hawaiian waters.

November 8, 2018 — An Alaska salmon boat skipper who killed endangered Steller sea lions with a shotgun and hindered an investigation has been fined $20,000 in federal court.

Jon Nichols, 31, of Cordova, was sentenced Tuesday to five years’ probation, three months of home confinement and 400 hours of community service.

U.S. Magistrate Judge Deborah Smith also ordered Nichols to publicly apologize in a national commercial fishing magazine.

One of Nichols’ crewmen, Theodore “Teddy” Turgeon, 21, of Wasilla, also shot the endangered animals. He was sentenced to four years’ probation, one month of home incarceration and 40 hours of community service. He was fined $5,000.

Steller sea lions are the largest members of “eared” seals family, according to the Alaska Department of Fish and Game and can live to be 20 to 30 years old. Females can reach nearly 580 pounds (263 kilograms) and males up to 1,245 pounds (565 kilograms) in the North Pacific Ocean. They get their name from the big males’ intimidating roar as they protect harems.

Steller sea lions are voracious feeders of fish. Adults eat upward of 6 percent of their body weight per day. They target fish that are always available such as pollock and cod as well as seasonally available fish such as herring and salmon.

October 31, 2018 — A New Hampshire man has pleaded guilty to giving false information in an effort to get fishery disaster relief funds following Hurricane Sandy.

Prosecutors say 56-year-old Dave Bardzik, of Ossipee, submitted several false and/or altered records to the state Fish and Game Department in 2015 in an attempt to qualify for the funds.

Investigators noted discrepancies between the 2015 submission and previous records Bardzik had completed. He admitted that he created the records because he would otherwise not have qualified for funds.

Required criteria included that “for hire” vessels, like Bardzik’s, must have taken at least 15 trips in three of the previous four years in which at least one New England groundfish species was harvested.

October 22, 2018 — StarKist Co. agreed to plead guilty to a felony price fixing charge as part of a broad collusion investigation of the canned tuna industry, the U.S. Department of Justice announced Thursday.

The DOJ said StarKist faces up to a $100 million fine when it is sentenced. Prosecutors allege that the industry’s top three companies conspired between 2010 and 2013 to keep prices artificially high.

“We have cooperated with the DOJ during the course of its investigation and accept responsibility,” said StarKist chief executive Andrew Choe. “We will continue to conduct our business with the utmost transparency and integrity.”

StarKist is owned by South Korean company Dongwon Industries, one of the largest tuna catching companies in the world. The parent company’s website carries pledges to abide by ethical standards and good corporate citizenship.

The scheme came to light when Thai Union Group’s Chicken of the Sea attempt to buy San Diego-based Bumble Bee failed in 2015, according to court records. Chicken of the Sea executives then alerted federal investigators, who agreed to shield the company from criminal prosecution in exchange for cooperation.

Bumble Bee Foods last year pleaded guilty to the same charge and paid a $25 million fine, $111 million lower than prosecutors said it should have been. Prosecutors said they feared putting the financially struggling Bumble Bee out of business with a high fine and agreed to let the company make interest-free payments for five years.

October 18, 2018 — A scallop vessel that landed in New Bedford on Oct. 10 had its catch seized and the boat’s captain arrested, according to Massachusetts Environmental Police.

The vessel reportedly contained 150 pounds of scallops concealed within a beverage cooler and the captain was found to be in possession of Oxycontin without a prescription.

On Oct. 10, a Massachusetts Environmental Police officer conducted a commercial permit inspection aboard the scallop vessel in New Bedford. The vessel was found to be permitted federally but did not possess a valid commercial permit to land scallops in Massachusetts.

The officer then requested the captain display his catch of scallops to ensure compliance of the federally permitted possession limits. The captain presented the officer with the vessel’s allowable catch of 600-pounds. Upon further inspection of the vessel, the officer located an additional 150-pounds of scallops concealed within a beverage cooler, authorities said.

The catch was seized and the vessel captain was subsequently arrested for failure to display fish/catch upon demand.

September 26, 2018 — A recent action by the US National Oceanic and Atmospheric Administration (NOAA) to punish 22 captains of fishing vessels owned by convicted New England fishing mogul Carlos Rafael crosses the line, believe some important figures in the city of New Bedford, Massachusetts, the South Coast Today reports.

Last week NOAA filed a 51-page superseding charging document that added 20 of Rafael’s ship captains to the list of the two previously charged with violating a long list of fishing-related regulations. It seeks the revocation of 17 of the captains’ operator permits.

The captains have 30 days to request modifications to the charges against them, administrative hearings to challenge the charges, or additional time to respond.

NOAA’s latest move, which also includes increasing civil money penalties from about $1 million to $3m, builds on a civil action filed in January.

Rafael began serving a 46-month sentence in November after pleading guilty in March 2017 to operating a long-running scheme through which he submitted falsified records to the federal government to evade federal fishing quotas.

September 24, 2018 — One person was killed and another injured when a crew member on board a fishing vessel off Nantucket attacked two of his shipmates on Sunday afternoon.

The Coast Guard said they received an emergency call on Sunday afternoon from the Captain Billy Haver, an 82-foot fishing vessel out of Virginia, saying that a member of its crew had attacked several other fishermen.

The Coast Guard would not confirm what weapons were used in the attack.

The fishing trawler was 60 miles east of Nantucket at the time of the incident.

September 24, 2018 — Carlos Rafael sits in federal prison, nearing the end of the first year of his 46-month sentence for bulk smuggling and lying for at least four years about the nature and value of his landings.

But that doesn’t mean NOAA is done with the man known as “The Codfather” or many of his vessel captains.

The federal fisheries regulator has updated the civil case against the convicted fishing mogul, more than doubling the number of violations to 88, seeking to revoke 42 of Rafael’s federal fishing permits and increasing the total amount of civil penalties against Rafael, his partners and some of his captains to $3,356,269 from the $983,528 contained in the original charging document.

The National Oceanic and Atmospheric Administration also said it will seek to prevent “Rafael or his agents” from applying for any NOAA permits in the future.

The new charging document also takes aim at the vessel captains that ran Rafael’s fleet throughout his era of malfeasance.